Florida Statewide Rule
Florida HOA Fines & Suspensions
Key Facts
- Governing law
- Fla. Stat. § 720.305
- Fine cap
- $100 per violation / $1,000 aggregate unless docs allow more
- Notice + hearing
- 14 days' notice; hearing before 3-member committee
- Committee vote
- Majority must confirm or fine is void
- Lien threshold
- Fine must be $1,000+ to become a lien
Summary
Under Fla. Stat. § 720.305, a Florida HOA may fine up to $100 per violation and $1,000 in the aggregate unless the governing documents allow more. The association must give at least 14 days' written notice and a hearing before a committee of at least three members, who must approve the fine by majority vote.
F.S. 720.305 720.305 Obligations of members; remedies at law or in equity; levy of fines and suspension of use rights. — (1) Each member and the member’s tenants, guests, and invitees, and each association, are governed by, and must comply with, this chapter, the governing documents of the community, and the rules of the association. Actions at law or in equity, or both, to redress alleged failure or refusal to comply with these provisions may be brought by the association or by any member against: (a) The association; (b) A member; (c) Any director or officer of an association who willfully and knowingly fails to comply with these provisions; and (d) Any tenants, guests, or invitees occupying a parcel or using the common areas. The prevailing party in any such litigation is entitled to recover reasonable attorney fees and costs. A member prevailing in an action between the association and the member under this section, in addition to recovering his or her reasonable attorney fees, may recover additional amounts as determined by the court to be necessary to reimburse the member for his or her share of assessments levied by the association to fund its expenses of the litigation. This relief does not exclude other remedies provided by law. This section does not deprive any person of any other available right or remedy. (2) An association may levy reasonable fines for violations of the declaration, association bylaws, or reasonable rules of the association.
Full Breakdown
Section 720.305 lets an association levy reasonable fines, capped at $100 per violation and $1,000 in the aggregate 'unless otherwise provided in the governing documents.' Before imposing a fine or suspension the board must give at least 14 days' written notice describing the violation and how to cure it, plus a hearing before a committee of at least three members who are not officers, directors, employees, or their relatives. The committee must confirm the fine by majority vote, or it cannot be imposed. Under HB 1203 (effective July 1, 2024), if the violation is cured before the hearing, no fine or suspension may be imposed. A fine of $1,000 or more may become a lien.
Violations & Penalties
A confirmed fine is capped at $100 per violation and $1,000 aggregate unless the declaration sets a higher figure. Fines under $1,000 cannot become a lien; a fine of $1,000 or more may be enforced as a lien against the parcel. A cured violation cannot be fined.
Frequently Asked Questions
How much can a Florida HOA fine me?
Can a Florida HOA fine me if I fix the violation first?
Does a Florida HOA need a hearing before fining me?
Sources
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